Florida drug trafficking laws are written in such a way that if an individual is simply in possession of a threshold amount of a controlled substance it is considered a "trafficking" offense, regardless if he has never participated in the manufacturing or selling of the drug. Further, the total weight calculation is not based solely on the amount of Fentanyl or Carfentanil that the individual may possess. Rather, Florida law considers the entire "mixture" of substances contained in the pills. This means that if 1 gram of Fentanyl is cut with 3 grams of cocaine or Aspirin, the accused would be still subject to the 3 year minimum mandatory prison sentence under the Law.

Possession of Fentanyl vs. Trafficking of Fentanyl

The criminal defense attorneys in our office can encourage the Pinellas prosecutor to amend your charge to the lesser offense of "simple possession." This might be an effective strategy when the following factors are present:

When the Fentanyl was seized by law enforcement, it was not found to be individually packaged, manifesting an intent to sell;

You were not in possession of a significant amount of cash or a firearm suggesting your involvement in the distribution of prescription medication;

At the time of your arrest you never told the police that you intended to sell the pills found in your possession or that you had sold controlled substances in the past;

We can prove that you have a legitimate addiction and that the best interest of justice point to the superiority of substance abuse counseling over imprisonment;

No scales, baggies or cutting agents were discovered as evidence in your case;

Your prescription medication addiction may have originated by an initial, lawful prescription provided to you by your physician.

We Can Help With Your Controlled Substance Charge

The lawyers in our office are former state prosecutors and are highly experienced in defending drug trafficking charges. You should contact our office to schedule a free initial consultation. At this meeting we can discuss the possibility of challenging the admissibility of the State's evidence. Let us examine an entrapment defense and consider the role that a confidential informant may have played in your arrest. We can discuss the facts of your case and ascertain whether your charge may be a good candidate for an amendment to a "simple possession offense." We can also determine your eligibility to participate in the Pinellas County Drug Court.

What to do if you are arrested for Trafficking in Fentanyl

If you are arrested for the offense of trafficking in Fentanyl in the Clearwater or St. Petersburg area you should contact an experienced Pinellas County criminal defense attorney. We are former state prosecutors that can help.

The Law Offices of Russo Pelletier & Sullivan, P.A. Attorneys at Law Former State Prosecutors 9721 Executive Center Drive North Suite #120 St. Petersburg, FL 33702

June 26, 2017

This month the Pinellas County Sheriff’s Office purchased a Coherent Inc. TracER™ Laser System for their Forensic Sciences Division. This luminescence device is an 8watt 532nm high performance portable system that will be used at crime scenes to locate trace evidence of fingerprints, skin, body fluids, fibers bone fragments and even narcotics residue. The Tracer Laser System is said to provide law enforcement with an unprecedented level of investigative examination. The intensity of the laser is such that it can locate evidence that could previously go undetected.

How Does the TracER™ Laser System Work?

The instrument weighs under 45 pounds, has an instant on/off capability and operates on AC current in a laboratory setting. However, it also has its own built in battery power supply. This enables the TracER™ to be portable at crime scenes for up to 90 minutes. The battery is capable of recharging through a vehicle’s cigarette lighter. Lasers are considered the optimum light source for non-destructive latent evidence detection. Blocking filters, goggles, a fifteen-foot flexible fiber optic cable and a built-in camera combine to create “spectral brightness” to uncover and to image capture trace evidence. The manufacture promotes the machine by saying that CSI technicians will be able to see more at a crime scenes in less time.

What Other Types of Evidence the Laser Can Uncover?

Gunshot residue

Semen

Blood (Including, old blood covered in fresh paint)

How Can a Laser Impact my Pinellas Criminal Case?

A laser is capable of uncovering both incriminating and exculpatory evidence. “Exculpatory evidence” is evidence that tends to excuse, justify or absolve the alleged fault or guilt of a criminal defendant. The landmark U.S. Supreme Court case of Brady v. Maryland requires the prosecution to turn over exculpatory evidence to your attorney. In fact, the Brady decision says that prosecutors and law enforcement have a “duty” to disclose all material and relevant evidence that is favorable to the accused. The Supreme Court ruled that this obligation is supported by your constitutional right to due process and is consistent with the prosecutor’s obligation to “seek justice.”

The TracER™ has been available to police departments for the past eleven years. The manufacturer’s earlier laser, “The Incriminator” was released for law enforcement use in 1997. This technology has long used by the FBI, the military and other law enforcement agencies across the country. This begs the question as to why it took the PCSO so long to secure this instrument? If the PCSO investigation in your case occurred prior to the purchase of the laser, it could be argued that their investigation was conducted in a slip-sod elementary fashion. The argument goes that “had the laser been employed in your case, it may have uncovered evidence suggesting that the offense was committed by one or more other individuals. This could lead a jury to find “reasonable doubt” in your case, justifying a “not guilty” verdict. Florida’s Standard Jury Instruction Chapter 3.7 states that “A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence, or the lack of evidence.” Further, that “If you have a reasonable doubt, you should find the defendant not guilty.”

How Our Clearwater - St. Petersburg Criminal Defense Team Can Help

Attorneys Marc Pelletier and Timothy Sullivan are former State Prosecutors. Their background and experience can be used to evaluate the police practices employed in your case. They can also point to the failure of law enforcement to take steps that would be considered prudent in an otherwise thorough investigation. These Pinellas County defense attorneys are highly dedicated to leaving “no stone unturned” in the meticulous review and preparation of their clients’ cases.

The Law Offices of Russo Pelletier & Sullivan, P.A. Attorneys at Law 9721 Executive Center Drive North Suite #120 St. Petersburg, FL 33702

June 24, 2017

Summer is here and with it comes heightened enforcement of boating laws in the waterways and along the beaches. In 2015, Pinellas County ranked fifth in the state for boating accidents, while Florida leads the nation overall. In 2015, alcohol was a contributing factor in 30 boating accidents, 21 boating injuries and 11 boating deaths in Florida. According to the U.S. Coast Guard 2015 Recreational Boating Statistics, alcohol use is one of the leading known contributing factors in fatal boating accidents, and the leading factor in 17% of deaths.

Vessel Stops - The Law has Changed

In Florida, it is not illegal to have an open alcohol container on a boat. However, it is a criminal offense to be operating a vessel while impaired or operating a vessel with a .08 BAC or above. In previous years, law enforcement did not require “probable cause” to stop you and inspect your boat. They could simply stop boaters for a routine equipment and safety inspection. These inspections can often lead to investigations for boating under the influence. In 2016, Governor Rick Scott approved House Bill CS 703 which requires law enforcement to have “probable cause” before stopping and inspecting a vessel if it displays a recent safety inspection decal issued by law enforcement on a previous stop. The bill, which went into effect on July 1, 2016, provides that law enforcement officials must issue an inspection decal to an operator of a vessel if a determination is made that the vessel meets the “safety equipment carriage and use requirements.” The decal must be placed by the vessel operator within six (6) inches of the vessel’s registration decal and above the waterline. It is important to note that this law applies only to local and state law enforcement and not to United States Coast Guard officials. If your boat does not have such a decal, you are subject to random safety, equipment and fishing regulation checks just as you were prior to the 2016 amendment to Florida law.

Targeted Enforcement of Boating Under the Influence

Aside from routine safety equipment inspections, we have also found that Florida Fish and Wildlife Officials frequently monitor “No Wake” zones and stop vessels that are being operated too fast in these areas. While this type of infraction is rather innocuous and generally not an indicator of impairment, such a violation provides law enforcement with probable cause to detain the offender which may then be parlayed into an investigation for Boating Under the Influence. Common areas that law enforcement officials target include Honeymoon Island / Caladesi in Dunedin, Clearwater Pass, John’s Pass, Weedon Island, Maximo Channel and Marina, Maximo Park, Placido Bayou, Sun-Lit Cove, North Yacht Basin, Central Yacht Basin, Bayboro Harbor, Big Bayou, Bayou Bonita, Little Bayou, Frenchman Creek, Boca Ciega Bay, Coffee Pot Bayou and Shell Key. Likewise, vessel operators frequently experience a heightened law enforcement presence at local restaurants and resorts that serve alcohol including Shepard’s Beach Resort, Gator’s Café & Saloon, the Wharf; and The Getaway Tampa Bay.

The Effects of Alcohol While on the Water

Many individuals do not realize the effects that alcohol may have on them in combination with the sun and being on the water.

Balancing on a boat can be difficult even without consuming alcohol. Alcohol impairment exacerbates this condition and frequently results in significantly diminished stability and equilibrium.

Alcohol can cause people to become less inhibited. This can lead to increased speed on the water, increasing the chances for an accident.

Alcohol slows your reaction time. Your ability to respond to other boaters on the water may be decreased.

The sun can cause dehydration. Thus, boaters often feel more impaired despite consuming less alcohol.

“Boater hypnosis” – caused by hours of exposure to boating stressors (noise, vibration, sun, glare, wind and motion of the water) produces fatigue which slows reaction time. Consuming alcohol while on the water for extended periods of time can add to the fatigue.

Given that the Clearwater / St. Petersburg area has a high volume of tourists visiting on vacation, many vessel operators on the waterways may have limited or no experience operating a boat or jet-ski.

All these factors can increase the likelihood that an individual is perceived to be impaired by alcohol while boating.

Tips for Avoiding a Boating Under the Influence Investigation or Arrest

No one plans on being arrested for a “Boating Under the Influence” charge. However, it is well known that boating and the consumption of alcohol often go hand in hand. In fact, Boating Under the Influence defense attorney Timothy Sullivan once had a juror joke during jury selection of a Boating Under the Influence trial that he thought it was mandatory to be impaired if you are out fishing! Nevertheless, there are steps that you can take that will reduce the chances of subjecting yourself to a Boating Under the Influence investigation or arrest.

Be mindful of all navigational laws including “No Wake” zones;

Before going out for a day of boating, make sure that your vessel is properly equipped with all necessary safety equipment including personal flotation devices (PFD’s) for each person aboard, a visual distress signal, a sound producing device (bell, horn, whistle, etc.), a fire extinguisher, and appropriate vessel lighting (if being operated between sunset and sunrise).

Dispose of any empty containers in appropriate receptacles throughout the day so that there is not an accumulation of empty alcohol containers aboard.

Wear sunscreen. Aside from the dermatological benefits, a “red face” may be misinterpreted by law enforcement as an indicator of alcohol impairment.

Have plenty of water with you to stay hydrated.

Wear clothing to protect your eyes from the sun to reduce fatigue, such as sunglasses and a hat.

Penalties for Boating Under the Influence

Many of the penalties associated with a “Boating Under the Influence” offense are similar to those of a “Driving Under the Influence Offense.” If convicted, the boater faces penalties that include a fine, community service, probation, investigative costs, attendance at a “substance abuse course” specified by the Court and an impound of the vessel. However, if the boater has previously been convicted of a “DUI” related offense, then the penalties increase and the boater is treated as a “Multiple Offender.” If the individual had previously been convicted of a “DUI” or a “Boating Under the Influence” offense in the five years that preceded the arrest for the new “Boating Under the Influence” offense, then the court must impose a ten (10) day county jail sentence if the individual is convicted of the new offense. Likewise, if the individual had two prior convictions, one of which occurred within the ten years preceding the new arrest, then the court must impose a thirty (30) day jail sentence if the individual is arrested for the new offense. In addition, a conviction for Boating Under the Influence would result in an additional fine that is payable to the Brain and Spinal Cord Injury Program Trust Fund. It is important to note that there is not a driver’s license revocation if the boater is convicted of “Boating Under the Influence.”

Avoiding a Boating Under the Influence Conviction

One way to avoid a conviction for Boating Under the Influence is if the attorney handling the charge can convince the State Attorney’s Office to amend or reduce the charge from “Boating Under the Influence” to “Reckless Operation of a Vessel.” This is often seen as a fair middle ground where the facts and circumstances are mitigated. In those cases that are appropriate for reduction, our team of experienced Boating Under the Influence defense attorneys will prepare persuasive correspondence to the assigned assistant state attorney in support of our request that they modify the charge. Some of the factors that we may point to include:

The failure of law enforcement to properly administer field sobriety exercises; and

In cases where the Defendant has refused to submit to breath testing, the lack of any scientific or forensic evidence with which to prove that the vessel operator was above the legal limit.

What to do if you are stopped by Law Enforcement

Many people stopped by law enforcement while on a vessel are of the mistaken belief that they do not have any rights and acquiesce to any requests made by the police officials. You should know that you continue to have many of the same rights that you enjoy while in your motor vehicle. For example, you have the right to remain silent. If the law enforcement official asks if you have consumed any alcohol, you have the right not to answer him or to otherwise incriminate yourself. If the officer asks you to perform a series of field sobriety tasks, either on the vessel or at shore, you have no legal obligation to cooperate and perform these tasks. While it is true that your refusal to submit to sobriety testing may later be used against you in court, if you take the tests, and perform poorly, that will also be used against you in court. Lastly, unlike the scenario of Driving Under the Influence, where a refusal to submit to a breath test results in a suspension of your privilege to drive, a refusal to submit to a breath test in the context of a “Boating Under the Influence” charge only results in a civil penalty of $500. This civil penalty can be challenged in court.

What to do if you are arrested for Boating Under the Influence

If you are arrested for the offense of boating under the influence in the Clearwater or St. Petersburg area you should contact an experienced Pinellas County criminal defense attorney. We are former state prosecutors that can help.

The Law Offices of Russo Pelletier & Sullivan, P.A. Attorneys at Law 9721 Executive Center Drive North Suite #120 St. Petersburg, FL 33702

Contact our office to discuss your options for the charge of "Boating Under the Influence".(727) 578-0303Free consultations

June 21, 2017

Opana is the brand name for oxymorphone hydrochloride and is the newest pain killer of choice on the street. Opana has become a popular substitute for users of Oxycotin.

This drug has become the latest pain killer to achieve an epidemic of addiction. Opana is also being linked to an HIV outbreak because much of the drug use comes from shared injections. As a result using Opana poses a dual treat of negative consequences.

Common Street Names for the Drug

Yet, it is commonly referred to with seemingly harmless names:

Ops

Pandas

Mrs. O

Octagans

Orgasna

The O Bomb

Oranges

Pink

Pink Biscuits

Pink Lady

Pink Heaven

Stop Signs

New Blues

The Dangers of Opana Have Law Enforcement on Heightened Alert

This drug was introduced by Endo Pharmaceutical Company with the intention of providing an alternative for patients who had developed a tolerance for other pain medication. Endo Pharmaceutical previously marketed oxymorphone in the 1970’s under the name “Numorphan, ”but withdrew the narcotic because of opoid addiction issues. Since its release, Opana has now achieved its own epidemic proportions of addiction. There is a significant difference between OxyContin, (which is based on oxycodone) and Opana, (which is based on oxymorphone.) Opana leans toward being more of a sedative which produces a shorter euphoric high. This shorter period of euphoria can cause Opana users to form an extreme addictive habit, since abusers require greater dosages of the drug to maintain the desired level of euphoria.

In Martin County Florida, officers recently arrested 47 people connected to what police called an “Opana® drug den”, littered with needles. As addicts share needles, HIV and hepatitis rates have spiked as well as the number of deaths caused by overdoses.

FDA Throws Fuel on the Fire – A Greater Risk for Your Arrest

As the nation’s opioid epidemic rages, the FDA said this week that the benefits of one pain reliever, Opana® ER, no longer outweigh the risks. This pain killer is especially addictive, as some abusers crush up the pills, boil and inject the opioids. Dr. Scott Gottlieb, the new FDA Commissioner stated that this is clearly an epidemic of addiction and may be one of the biggest health crisis facing the county if not the biggest health crisis facing the country right now. Remarkably, the FDA has asked Endo Pharmaceutical Company to voluntarily remove Opana from the market, signaling it intends to hold drug makers responsible for America’s addiction crisis. Endo says it is reviewing the request, but disagrees with the FDA. It also stated Opana® is effective when used when use at intended in appropriate patients. And it is taking comprehensive steps to minimize the potential misuse of its products.

Possession of a Controlled Substance is a Serious Charge

Florida is known as the prescription capital of America. With that title comes a foreseeable crack downs by our local law enforcement agencies and pressure on our local judges. After the recent announcement by the FDA Commissioner, Pinellas County law enforcement will be compelled to take up the fight against Opana ® abuse by stepping up arrests of individuals for felony possession of a controlled substance. They will also be focused on Pinellas County drug trafficking offenses.

In Florida, the penalties for felony possession of a controlled substance include:

Automatic driver’s license suspension for a period of one year.

Prohibition to occupational licensing or working within many types of professions.

Stigma associated with being a convicted felon.

Substance abuse evaluation and any follow-up treatment or counseling.

Random urine testing.

Potential Civil Seizure-Forfeiture of any vehicle used in the commission of the offense.

Penalties that include up to a $5,000.00 fine and incarceration in state prison for up to 5 years.

Was Your Drug Arrest Motivated by Addiction?

Call us to discuss any legal challenges that may be available in your case. Let us examine "search and seizure" issues and other potential defenses. We can help even if the facts and circumstances of your arrest are not favorable. If your arrest was motivated by an addiction, you can speak to us about Pinellas County Drug Court and getting the charge dismissed through your participation in a diversion program. We will also want to consider avoiding the impact of a felony conviction through a plea bargain. Lastly, we will want to explore having your record of arrest sealed or expunged.

June 12, 2017

After a statement this month by Sheriff Bob Gualtieri to the Tampa Bay Times, it seems likely that a new partnership will soon be forming between the Pinellas County Sheriff's Office and the Pinellas County Construction Licensing Board in an effort to crack down on unlicensed contracting in the area. See Tampa Bay Times Article for further details.

The agency is now down to one part-time investigator and running low on funds, according to reports. The new interim director, Gay Lancaster has reached out to the sheriff’s office for help.

There have been dozens of allegations of mismanagement of consumer complaints and imposed fines during his fifteen plus years as director.

In one report, it was stated that Fischer sent correspondences to contractors who had complaints filed against them urging them to meet with him in private or face higher fines and license suspension. These meetings were held without the knowledge of the board or the property owners who filed the complaint and usually resulted in the complaint being dismissed.

In another report, a contractor arrived for his hearing prepared with documentation to dispute the allegations against him. When he arrived, he was simply told the case was dismissed and sent on his way without explanation.

Many consumers have felt mistreated and left without resolution to their complaints. On the other hand, contractors with complaints against them have not been given any avenue in which to refute the allegations against them and to provide supporting documentation. Cases are simply either left unresolved, dismissed without any explanation, or sent to the State Attorney’s office for investigation.

Due to lack of transparency and an archaic record keeping system, the Board cannot account for all the fines issued over the past sixteen years. The agency is also unable collect the almost $2 million in past due fines.

With all these recent mishaps within the agency, it has left interim director Lancaster calling for help to clean up the mess and to ensure this does not happen again. Her answer is the help of the Pinellas County Sheriff's Office. And Sheriff Gualtieri is happy to have the discussion.

A Greater Risk of Arrest

The board recently met and reviewed how other counties, such as Hillsborough, are handling this same matter. Other counties’ licensing boards employ the use of specialized law enforcement personnel in handling unlicensed contracting complaints. The Sheriff’s Office then handles the complaint like any other police investigation. We believe Pinellas County could employ this same system.

Given these recent developments, we anticipate a heightened scrutiny from building officials, the department of business o f and the department of financial services. A “reading between the lines” suggest that the sheriff’s office will be employing additional assets and personnel whose directives will be to investigate contracting without a license matters.

If You Have Been Arrested for Contracting Without a License... We Can Help!